Can you be claimed as a dependent if you are married and filing jointly?

Your father cannot claim you as a dependent if you're married and filing a joint return with your spouse. This is a clear IRS rule with very limited exceptions (like if you and your spouse file jointly only to claim a refund and have no tax liability). The fact that your father paid for your college expenses last year doesn't automatically make you his dependent. To be claimed as a dependent, you must meet specific tests including relationship, age, residency, support, and importantly for your case - you generally can't file a joint return if someone else claims you as a dependent. If your father wants to benefit from paying your education expenses, he might be eligible for education tax credits if he paid qualified expenses directly to the institution, but this doesn't require claiming you as a dependent. As for your spouse without an SSN - they would need either an SSN or an ITIN (Individual Taxpayer Identification Number) to file taxes. If they don't have either yet, you might want to file for an extension while they apply for an ITIN.

I was in a similar situation last year trying to figure out dependent eligibility rules with my family and got super frustrated with the contradicting advice. I eventually used https://taxr.ai to review my situation and get a clear answer. You upload your documents (or just explain your situation like you did here) and it gives you a specific analysis of your tax situation based on actual IRS rules. In my case, it confirmed I couldn't be claimed as a dependent since I was married and filing jointly, even though my parents had paid some of my expenses. The service saved me from a potential audit situation and family argument. It also explained exactly which IRS rules applied to my situation so I could show my parents. Since you're dealing with both the dependent question AND the ITIN situation for your spouse, it might be worth checking out to get a complete picture of your options.

Just wanted to follow up and say I tried https://taxr.ai after seeing it mentioned here. I uploaded my documents including my marriage certificate and some info about my parents claiming they could list me as a dependent despite me being married. The analysis was actually really helpful - it pointed to exactly which IRS rule prevents me from being claimed as a dependent when filing jointly (Publication 501, page 11) and even suggested how to approach the conversation with my parents. It also walked me through the ITIN application process for my spouse so we could still file jointly. Saved me so much stress and probably prevented a tax filing mistake. My parents finally backed down when I showed them the specific tax code reference!

If your dad is being stubborn about this, you might need to talk to an actual IRS agent to resolve the situation. My brother went through something similar with our mom trying to claim him after he got married. I called the IRS for weeks trying to get through - constant busy signals or disconnects after waiting on hold forever. Then I found https://claimyr.com and watched their demo video (https://youtu.be/_kiP6q8DX5c). They have a service that basically waits on hold with the IRS for you, then calls you when an agent is about to pick up. Got connected to an IRS agent in about 90 minutes (instead of calling for weeks). The agent confirmed exactly what was already mentioned - married filing jointly means you can't be claimed as a dependent by your parent. Having an official answer directly from the IRS might help convince your dad if he's not believing you.

I need to apologize for my skepticism about Claimyr. After posting that comment, I was desperate enough to try it for my refund issue that I'd been trying to resolve for months. I was shocked when I actually got connected to an IRS agent within about 2 hours. The agent confirmed that my refund was held up due to a verification issue and helped me resolve it right there on the call. For the original poster - I asked the agent about your situation too, and they confirmed what others said: if you're married filing jointly, your father CANNOT claim you as a dependent except in very rare circumstances that probably don't apply to you (like if you and your spouse have zero tax liability and are only filing to get a refund). The agent suggested you file your return first before your father tries to claim you incorrectly, which would cause his return to be rejected. Saved me so much frustration!

Just adding my experience here - I had exactly this situation last year with my mother trying to claim me as a dependent after I got married. Here's what I found out: 1. The IRS rules are super clear on this - if you're married filing jointly, your parents CANNOT claim you as a dependent (with very rare exceptions). 2. If your father files first and incorrectly claims you, your electronic return will be rejected. You'll then need to paper file. 3. Your father can still potentially claim educational expenses he paid through the American Opportunity Credit or Lifetime Learning Credit, even if he can't claim you as a dependent - that might be what his CPA is confused about. Your father's CPA is either misinformed or trying to pull something shady. Stand your ground! And definitely file jointly with your spouse - you'll likely get better tax benefits that way.

Has anyone mentioned how the spouse's immigration status affects this? My wife was on a student visa when we got married and we had issues with taxes because she didn't have a SSN yet.

I went through a very similar situation with my parents when I got married. The key thing to understand is that your father's accountant might be confusing two different tax benefits: 1. **Claiming you as a dependent** - This is NOT possible if you're married filing jointly. Period. The IRS is crystal clear on this in Publication 501. 2. **Education tax credits** - Your father CAN still potentially claim these for tuition he paid directly to your school, even without claiming you as a dependent. Here's what I'd recommend: - Show your father IRS Publication 501 (specifically the "Joint Return Test" section) - Suggest he ask his accountant about claiming education credits instead of trying to claim you as a dependent - File your joint return first to avoid complications if your father tries to claim you incorrectly Regarding your spouse's situation - definitely get that ITIN application started ASAP. You can file for an extension while waiting for it to process. Filing jointly will almost certainly be more beneficial than filing separately, especially since your spouse has freelance income that you've been managing together. Don't let family pressure you into making the wrong tax decision. The rules are clear, and you're absolutely right to push back on this.